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The "search incident" exception authorizes a search of the arrestee's person, including examination of personal articles such as wallets, purses, or other items, as well as the area within his immediate control. Within the home, this will usually mean the ability to thoroughly search the item upon which the suspect is seated, such as a sofa or chair, as well as the ability to look under adjacent furniture. It is unlikely to permit the opening of drawers or rummaging through cabinets. Although originally justified for purposes of disarming a suspect or recovering evidence, the search incident is so thoroughly engrained in the law that no justification is necessary.
For purposes of this conference, assume that while riding in the first class section of a plane, a person is legally arrested for transporting illegal drugs by federal authorities. You (as the Superior Court Judge) are asked to rule on evidence obtained from the following areas.
In your ruling, was it proper for the arresting officers to immediately conduct searches of the following items and places incident to the arrest?
If you elect to permit evidence taken in any of the preceding searches, defend your ruling with interpretations of any pertinent legal statutes or relevant case law decisions
Restatement of the fundamental rule: In Bray v Ford Lord Herschell stated that the aforesaid rule is not "founded upon principles of morality" but is based on the consideratio
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Elements of a Contract - Offer Further this is an unequivocal manifestation through one party of its intention to contract into another. So well it is a clear intimation for i
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Societies - Unincorporated Associations However these types of associations are registered under the Societies Act 1968. Section 2(1) of the Act justify a society very broa
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